7. Roadworthiness Package

1. 7. Roadworthiness Package Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC COM(2012) 380 final

2. COM(2012) 380 final - Mileage fraud related items (i) • Recital 17: • Frequency of tests should be adapted according to the type of vehicle and to their mileage. Vehicles are more likely to present technical deficiencies when they reach a certain age and, in particular when intensively used, after a certain mileage. It is therefore appropriate to increase the test frequency for older vehicles and for vehicles with high mileage. • Recital 23 • Odometer fraud is considered to affect between 5% and 12% of used cars sales, resulting in a very important cost to society of several billions Euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle. With a view to combat odometer fraud, the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer. Odometer fraud should also be more systematically considered as an offence liable to a penalty.

3. COM(2012) 380 final - Mileage fraud related items (ii) • Art. 5.2 • In the case where a vehicle of categoriesM1 or N1 reaches a mileage of 160 000 km on the first roadworthiness test after the vehicle was first registered, it shall be subject to a roadworthiness test thereafter annually. • Art. 8.4 • For the purposes of checking the odometer reading, and where this information was not communicated electronically following the previous roadworthiness test, the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test.

4. COM(2012) 380 final - Mileage fraud related items (iii) • Art. 15 • The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers. • It shall, on the basis of that examination, put forward and evaluate different policy options, including the possibility to remove the requirement of a proof of test as provided for in Article 10. Within two years after the date of application of this Regulation, the Commission shall report to the European Parliament and to the Council on the results of the examination, and accompany it with a legislative proposal, if appropriate.

5. COM(2012) 380 final - Mileage fraud related items (iv) • Art. 19.2 • Each Member State shall take the necessary measures to ensure that the manipulation or tampering of an odometer is regarded as an offence and is punishable by effective, proportionate, dissuasive and non-discriminatory penalties.

6. COM(2012) 380 final - Mileage fraud related items (v) • Annex I – CONTENTS AND METHODS OF TESTING (7.11) • Visual inspection of odometer (if available) • Reason for failure: obviously manipulated (fraud) • Annex III - REQUIREMENTS CONCERNING THE ASSESSMENT OF DEFICIENCIES OF VEHICLES (7.11) • odometer (if available) • obviously inoperative or obviously manipulated (fraud) = major deficiency • Anne IV - MINIMUM CONTENTS OF A ROADWORTHINESS CERTIFICATE (4) • Odometer reading at the time of the test, if available

7. Council Position – General Approach (20.12.2012) (i) • art.5.4 • Notwithstanding the date of its last roadworthiness test, the Member State or the competent authority may require that a vehicle be subject to a roadworthiness test before the date referred to in paragraphs 1 and 2, in the following cases: • (…) • where a vehicle of category M1 or N1 exceeds a mileage of 160 000 km

8. Council Position – General Approach (20.12.2012) (ii) • art.8.4 • Member States shall ensure that, for the purposes of checking the odometer, where normally fitted, the information of the previous roadworthiness test shall be made available to the inspectors as soon as it is available electronically. Manipulating an odometer to reduce or to misrepresent the distance record of a vehicle, where verified, shall be punishable by effective, proportionate, dissuasive and non-discriminatory penalties.

9. Council Position – General Approach (20.12.2012) (iii) • art.15 • The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform by taking advantage of existing and already implemented IT solutions with regard to international data exchange so as to minimize costs and to avoid duplications. The examination shall consider the most appropriate way to link the existing national systems with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers. • art.19.2 : deleted

10. European Parliament • Leading committee: TRAN Committee • Rapporteur: Mr. Kuhn (D – EPP) • Vote in TRAN Committee : Today (29/5) ! • Vote in Plenary : early July • > Common Position by the end of 2013 ?